It’s not rocket science: Harassment stays, discrimination goes

Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a promotion because of his disability. The court of appeal used two different standards to decide that part of his claim can proceed, and part could not go forward.

Scientist harassed for requesting first-class treatment

Andrew Mattioda began working for NASA in 2000. He suffers from, among other things, a degenerative defect in his hips and Scheurermann’s disease of the spine, which causes uneven vertebrae growth and scoliosis. Since 2007, his orthopedist has written reasonable accommodation letters stating he must fly in premium class for flights longer than an hour because he needs to avoid prolonged sitting, be able to change positions frequently, and stretch due to physical disabilities affecting his hips and spine. By 2011, after multiple surgeries, Mattioda had informed the NASA Ames Research Center, where he worked, about all his disabilities and orthopedic limitations.

Thereafter, Mattioda claims his experience at NASA was plagued by: (a) derogatory comments from his supervisors; (b) supervisors who inhibited his work opportunities; (c) unwarranted negative job reviews; and (d) resistance to his accommodation requests. In 2011, he approached his supervisor, Dr. Timothy Lee, about an upcoming work trip and advised Lee of his physical disabilities and premium-class travel request. Lee asked why he couldn’t “just tough it out or suck it up and travel coach.”